theft Flashcards
what is the definition of theft
section 1- dishonestly appropriating property, belonging to another with the intention to permanently deprive the other
what act does theft come under
theft act 1968
what is the first step of theft
dishonestly (under section 2)
what are the 3 exclusion that may mean somebody IS being honest
s2a. believes they have legal rights
s2b believes the owner would give consent
s2c believes the true owner can’t be found
what case was dishonestly confirmed in
barton v booth
what are the 2 steps in dishonestly
- what was Ds actual state of knowledge or belief in the fact
- was the conduct dishonest according to the reasonable person
what is the second step in theft
appropriation (under section 3)
what is appropriation defined as
assuming the rights of the owner
- when D takes their rights too far, or takes the rights of the owner by treating the goods as their own (Morris)
what is step third of theft
property (under section 4)
what is property defined as
something that is tangible, intangible, real or personal
- doesn’t include wild items, unless taken for gain
- confidential info wasn’t considered as property (Oxford v moss)
what is the fourth step of theft
belonging to another (section 5.5)
what is belonging to another defined as
anyone with possession, control or propietary interest of the property may be considered the owner
what are the rules on belonging to another
- if person A is controlling person B property, it still belongs to person A (turner)
- still belongs to another when given to somebody for a specific purpose e.g to buy something (Davidge)
- any items given by error, still belongs to who sent it e.g online clothing company (AG ref 1)
what is the fifth step in theft
intention to permanently deprived (section 5.6)
what is the definition of intention to permanently deprived
hard to define
- inferred from the facts of the case or the situation as it presents itself
